The National Health Service (Personal Dental Services Agreements) Regulations 2005

Termination and the NHS dispute resolution procedureE+W

This section has no associated Explanatory Memorandum

75.—(1) Where [F1the Board] is entitled to serve written notice on the contractor terminating the agreement pursuant to paragraph 68, 69, 70, 71(4), 71(6) or 72, it shall, in the notice served on the contractor pursuant to those provisions, specify a date on which the agreement terminates that is not less than 28 days after the date on which [F1the Board] has served that notice on the contractor unless sub-paragraph (2) applies.

(2) This sub-paragraph applies if [F1the Board] is satisfied that a period less than 28 days is necessary in order to—

(a)protect the safety of the contractor's patients; or

(b)protect itself from material financial loss.

(3) In a case falling with sub-paragraph (1), where—

(a)the exceptions in sub-paragraph (2) do not apply;

(b)the contractor invokes the NHS dispute resolution procedure before the end of the period of notice referred to in sub-paragraph (1); and

(c)the contractor notifies [F1the Board] in writing that it has done so,

the agreement shall not terminate at the end of the notice period but instead shall only terminate in the circumstances specified in sub-paragraph (4).

(4) The agreement shall only terminate if and when—

(a)there has been a determination of the dispute pursuant to paragraph 56 and that determination permits [F2the Board] to terminate the agreement; or

(b)the contractor ceases to pursue the NHS dispute resolution procedure,

whichever is the sooner.

(5) If [F3the Board] is satisfied that it is necessary to terminate the agreement before the NHS dispute resolution procedure is concluded in order to—

(a)protect the safety of the contractor's patients; or

(b)protect itself from material financial loss,

sub-paragraphs (3) and (4) shall not apply and [F3the Board] shall be entitled to confirm, by written notice to be served on the contractor, that the agreement will nevertheless terminate at the end of the period of the notice it served pursuant to paragraph 68, 69, 70, 71(4), 71(6) or 72.

Textual Amendments